IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO. 3663 OF 2013 (CPC) BETWEEN:
1. Sri. Babu Kamrath K S/o. K.A. Krishnamurthy, Aged about 32 years, Residing at No.68, 69, 1st Cross, Sharada Nagar, Chunchaghatta Road, Konanakunte Village, Uttarahalli Hobli, Bengaluru South Taluk - 560 062.
2. Smt. K. Ramamani W/o. K.A. Krishnamurthy, Aged about 52 years, Residing at No.68, 69, 1st Cross, Sharada Nagar, Chunchaghatta Road, Konanakunte Village, Uttarahalli Hobli, Bengaluru South Taluk - 560 062. … Appellants (By Sri. V.B. Shivakumar, Advocate) AND:
Sri. D.A. Radhakrishna S/o. D.A. Anjaiah Setty, Aged about 62 years, Anjaneya Provision Stores, Konanakunte Post, Beereshwaranagar, Puttenahalli Main Road, Bengaluru - 560 062. ... Respondent (Served and unrepresented) This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 08.03.2013 passed on I.A.No.I in O.S.No.8841/2011 on the file of the 8th Additional City Civil and Sessions Judge, Bengaluru City, rejecting I.A.No.I filed under Order 39, Rules 1 and 2 of CPC and etc.
This appeal coming on for Admission this day, the Court delivered the following:
JUDGMENT The learned counsel for the appellants absent.
No representation.
2. The present appeal is filed for setting aside the order dated 08.03.2013 passed by the VIII Additional City Civil and Sessions Judge (CCH No.15) at Bengaluru on I.A.No.1 filed under Order XXXIX Rules 1 and 2 of CPC in O.S.No.8841/2011.
3. There were no interim orders in the present Miscellaneous First Appeal.
4. The case status report pertaining to Original Suit No.8841/2011 discloses that the case is disposed of (contested--dismissed) as per the order dated 29.11.2017.
5. The present Miscellaneous First Appeal is only against the interim order passed in O.S.No.8841/2017. In view of dismissal of Original Suit No.8841/2017, the Miscellaneous First Appeal does not survive for consideration. Hence I pass the following:
ORDER Miscellaneous First Appeal is dismissed.
Sd/- JUDGE SJK